Cossam Chiangwa & 7 Ors v Apostolic Faith Mission in Zimbabwe & 7 Ors

SC 67/21

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Case Details

Court

Supreme Court

Date

28 May 2021

Citation

SC 67/21

Neutral Citation

[2021] ZWSC 67

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Kudya AJA

Author

KUDYA AJA

Full Bench

MAVANGIRA JAMAKONI JAKUDYA AJA

Areas of Law

Voluntary associations lawConstitutional interpretationLocus standi

Keywords

universitaschurch constitutionsecessionlocus standideclaratorinterdictvindication

Key Issues

{"issue_text":"Whether the court a quo was correct in finding that the respondents and not the appellants were the recognized office bearers of the church with locus standi","issue_type":"mixed","dispositive":"yes","related_facts":"Appellants' meeting of 22 September 2018 was unconstitutional; Respondents were duly elected office bearers"}
{"issue_text":"Whether the declarator sought by the appellants was fatally defective for not being conjoined with consequential relief","issue_type":"procedural","dispositive":"no","related_facts":"Appellants sought declarator with interdict and vindication in their application"}

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background

Facts of the Case

Background

A dispute over control and leadership of the Apostolic Faith Mission in Zimbabwe between two factions. The appellants held an unsanctioned meeting on 22 September 2018, purported to remove elected office bearers, and conducted parallel elections. The respondents, the incumbent office bearers, sought and obtained a declarator that the 22 September meeting and all subsequent acts were invalid.

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